Quemere, Andrew v. Framingham, Town of - Police Department (SPR 20150049)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 24, 2015 SPRlS/049 Lieutenant Stephen A. Cronin Town of Framingham- Police Department 150 Concord Street Framingham, MA 01702 Dear Lieutenant Cronin: I have received the petition of Andrew Quemere of the Baystate Examiner appealing the response of the Town of Framingham- Police Department (Department) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Quemere requested a copy of a police report, a surveillance video, and photographs related to a particular incident. The Department provided Mr. Quemere with a fee estimate for copies of the responsive records and Mr. Queme re appealed that fee estimate to this office. A custodian of records may assess a reasonable fee for complying with a request for public records. G. L. c. 66, § 10(a); see also 950 C.M.R. 32.06(2) (where cost of complying with a request for public records is expected to exceed ten dollars ($10.00), custodian of records shall provide a written good faith estimate). Absent specific statutory authority to the contrary, the fees to be charged for complying with requests for public records are established by the Public Records Access Regulations (Regulations). See 950 C.M.R. 32.06. The Regulations provide that in cases where search or segregation time is necessary a custodian of records may charge a pro-rated fee based on the hourly rate of the lowest paid employee who is capable of performing the task. 950 C.M.R. 32.06(1)(c). The Regulations define "search time" as the time needed to locate, pull from the file, copy and refile public records, and "segregation time" as the time used to redact data that is exempt from non-exempt material. 950 C.M.R. 32.03. The search and segregation fees must reflect the actual cost of complying with a particular request. G. L. c. 66, § 1O (a). The Department's initial response states that the cost of providing Mr. Quemere with the responsive records is $116.00. This estimate is comprised of a $91.00 fee for producing thirteen (13) photographs ($7.00 per photograph) to be provided on a CD and a $25.00 fee for providing the surveillance video on a CD. Mr. Quemere paid the $25.00 fee for the video but has yet to pay the $91.00 fee for the photographs. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Lieutenant Stephen A. Cronin SPR15/049 Page Two March 24, 2015 In its supplemental response, the Department explained that the $7.00 per photograph fee is based on the cost of the CD plus associated personnel time. The Department explained that the personnel are "police officers who are trained as crime scene specialists." The Department did not provide Mr. Quemere with any information regarding the personnel's hourly rate, how much time is required to perform the task, or whether any other lower paid employee is capable of providing the photographs. Further, the Department did not provide any information regarding the actual cost of the CD. Therefore, I find the Department has not met its burden of providing a good faith estimate regarding the provision of the thirteen photographs. The Department also explained that it could not provide further information concerning the $25.00 fee for the provision of the surveillance video because it is maintained by the Framingham "Information Service Division" which is a "separate division from the police [department]." Custodians of records are required to use their superior knowledge of the contents of their files to assist in promptly complying with the request. 950 CMR 32.05(4). The Department should have employed its superior knowledge of the responsive records and coordinated with the appropriate town department to provide a detailed explanation of the cost of providing the surveillance video. Therefore, I find the Department has not met its burden of providing a good faith estimate regarding the provision of the surveillance video. Accordingly, the Department is ordered to provide Mr. Quemere with a revised fee estimate in accordance with this determination, the Public Records Law and Public Records Access Regulations. If the actual costs are less than funds that have been received from Mr. Quemere, the Department must provide him with a refund of th difference. This administrative appeal is now closed. wn Supervisor of Records cc: Mr. Andrew Queme re